Sen. Cory Booker (D-NJ) and several of his rivals for the 2020 Democratic presidential nomination are joining forces on Thursday to re-file a new version of the most far-reaching marijuana legislation ever introduced in Congress.
TODAY: I'm reintroducing the Marijuana Justice Act – my bill to legalize marijuana on the federal level, expunge records, and reinvest in the communities that have been hurt from the war on drugs. pic.twitter.com/LWL0j7fN5F
— Sen. Cory Booker (@SenBooker) February 28, 2019
The bill, the Marijuana Justice Act, would remove cannabis from the Controlled Substances Act and withhold certain federal funding from states that disproportionately enforce marijuana criminalization laws against people of color and low-income individuals.
Watch Booker and colleagues discuss the legislation below:
The legislation would also automatically expunge past federal convictions for cannabis use and possession, as well as create a fund to reinvest in communities hardest hit by the war on drugs.
“The War on Drugs has not been a war on drugs, it’s been a war on people, and disproportionately people of color and low-income individuals,” Booker said in a press release. “The Marijuana Justice Act seeks to reverse decades of this unfair, unjust, and failed policy by removing marijuana from the list of controlled substances and making it legal at the federal level.”
“But it’s not enough to simply decriminalize marijuana. We must also repair the damage caused by reinvesting in those communities that have been most harmed by the War on Drugs,” he said. “And we must expunge the records of those who have served their time. The end we seek is not just legalization, it’s justice.”
The legislation is initially cosponsored by Sens. Ron Wyden (D-OR), Kirsten Gillibrand (D-NY), Bernie Sanders (I-VT), Kamala Harris (D-CA), Jeff Merkley (D-OR), Elizabeth Warren (D-MA) and Michael Bennet (D-CO).
“As I said during my 2016 campaign, hundreds of thousands of people are arrested for possession of marijuana every single year,” Sanders said. “Many of those people, disproportionately people of color, have seen their lives negatively impacted because they have criminal records as a result of marijuana use. That has got to change. We must end the absurd situation of marijuana being listed as a Schedule 1 drug alongside heroin. It is time to decriminalize marijuana, expunge past marijuana convictions and end the failed war on drugs.”
600,000 people, disproportionately people of color, were arrested for possession of marijuana in 2017.
It is time to decriminalize marijuana, expunge past marijuana convictions and end the failed war on drugs.
— Bernie Sanders (@SenSanders) February 28, 2019
“Millions of Americans’ lives have been devastated because of our broken marijuana policies, especially in communities of color and low-income communities,” said Gillibrand. “Currently, just one minor possession conviction can take away a lifetime of opportunities for jobs, education, and housing, tear families apart, and make people more vulnerable to serving time in jail down the road. It is shameful that my son would likely be treated very differently from one of his Black or Latino peers if he was caught with marijuana, and legalizing marijuana is an issue of morality and social justice. I’m proud to work with Senator Booker on this legislation to help fix decades of injustice caused by our nation’s failed drug policies.”
The disparity in who gets arrested for marijuana possession is one sign of how unjustly our drug laws are enforced. It's time to legalize marijuana nationwide and start repairing the harm done to communities of color by the War on Drugs. We need the Marijuana Justice Act. pic.twitter.com/fbaen37m8r
— Kirsten Gillibrand (@SenGillibrand) February 28, 2019
Legalizing marijuana is about morality and social justice. A minor possession conviction can take away a lifetime of opportunities for jobs, education, & housing—esp. in communities of color & low income communities. Time to fix our broken policies. Proud to co-sponsor this bill. https://t.co/1IcjBlDkOi
— Sen. Kirsten Gillibrand (@gillibrandny) February 28, 2019
“Marijuana should be legalized, and we should wipe clean the records of those unjustly jailed for minor marijuana crimes. By outlawing marijuana, the federal government puts communities of color, small businesses, public health and safety at risk,” said Warren.
It’s time to legalize marijuana, and stand against an unjust criminal justice system. I’m proud to co-sponsor the Marijuana Justice Act. https://t.co/wIAhoNreSc
— Elizabeth Warren (@SenWarren) February 28, 2019
“Marijuana laws in this country have not been applied equally, and as a result we have criminalized marijuana use in a way that has led to the disproportionate incarceration of young men of color. It’s time to change that,” said Harris. “Legalizing marijuana is the smart thing to do and the right thing to do in order to advance justice and equality for every American.”
Too many lives have been ruined because of the War on Drugs. That’s why I am proud to co-sponsor @corybooker’s legislation to legalize marijuana and expunge the records of those convicted of offenses related to marijuana use and possession.
— Kamala Harris (@KamalaHarris) February 28, 2019
Wyden said that “the War on Drugs has destroyed lives, and no one continues to be hurt more than people of color and low-income communities. There is a desperate need not only to correct course by ending the failed federal prohibition of marijuana, but to right these wrongs and ensure equal justice for those who have been disproportionately impacted.”
No one continues to be hurt more by the War on Drugs than people of color and low-income communities. It's time to end the failed federal prohibition of marijuana and right these wrongs by ensuring equal justice for those hit hardest.
— Ron Wyden (@RonWyden) February 28, 2019
Bennet added: “This long-overdue change will help bring our marijuana laws into the 21st century. It’s past time we bring fairness and relief to communities that our criminal justice system has too often left behind.”
— Jeff Merkley (@JeffMerkley) February 28, 2019
Reps. Barbra Lee (D-CA) and Ro Khanna (D-CA) filed a House companion bill.
“Communities of color and low-income communities have been devastated by the War on Drugs,” Lee said. “As Co-Chair of the Congressional Cannabis Caucus, I’m proud to sponsor legislation that would legalize marijuana at the federal level, address the disproportionate impact of prohibition on people of color by expunging criminal convictions, and promote equitable participation in the legal marijuana industry by investing in the communities hardest hit by the failed War on Drugs.”
Today, I’m reintroducing the #MarijuanaJusticeAct with my colleagues @SenBooker and @RepRoKhanna, which will:
🇺🇸 End the federal marijuana prohibition
⚖️ Expunge non-violent federal marijuana convictions
💰 Invest in communities devastated by the failed #WarOnDrugs
— Rep. Barbara Lee (@RepBarbaraLee) February 28, 2019
The failed #WarOnDrugs has devastated families around the country. As more states legalize cannabis, our reforms must include restorative justice for communities of color that have been most impacted these discriminatory policies. #MarijuanaJusticeAct https://t.co/1hi1ly1M2O
— Rep. Barbara Lee (@RepBarbaraLee) February 28, 2019
“Communities of color have been disproportionately impacted by misguided marijuana policy for far too long,” Khanna said. “Rep. Lee, Sen. Booker, and I are proud to introduce this important legislation and deliver justice for so many Americans.”
Communities of color have been disproportionately impacted by misguided marijuana policy for far too long. @RepBarbaraLee, @SenBooker and I are proud to introduce this important legislation and deliver justice for so many Americans #MarijuanaJusticeAct. pic.twitter.com/o7h8TcUP93
— Rep. Ro Khanna (@RepRoKhanna) February 28, 2019
The funds withheld from states deemed to have discriminatory arrest and incarceration rates for cannabis would go toward a new community reinvestment fund, which would “establish a grant program to reinvest in communities most affected by the war on drugs, which shall include providing grants to impacted communities for programs” that include libraries, community centers and job training.
The reality is, many folks from more privileged backgrounds can use marijuana without their whole future will be ruined. The #MarijuanaJusticeAct is about racial inequality. Proud to stand with my friends (with a guest appearance by Frederick Douglass) today in this effort. pic.twitter.com/doNZsBd0W3
— Rep. Ro Khanna (@RepRoKhanna) March 1, 2019
People who have been “aggrieved by a disproportionate arrest rate or a disproportionate incarceration rate” would be able to file civil lawsuits against states under the bill.
Let’s legalize marijuana at the federal level, push states to do the same, AND help those who have suffered due to its prohibition.
— Cory Booker (@CoryBooker) February 28, 2019
During the last Congress, the Booker’s Marijuana Justice Act garnered six cosponsors in the Senate, while 43 House members signed on to that chamber’s version of the bill. Neither received hearings or votes.
Legalization advocates cheered the bill’s reintroduction.
“Cory Booker and Barbara Lee have single-handedly shifted the conversation in Congress on cannabis reform. The failures and harms caused by decades of cannabis prohibition, particularly the impact on low-income communities and communities of color, are undisputed,” said Queen Adesuyi, policy coordinator for the Drug Policy Alliance. “For decades, marijuana arrests, convictions, and subsequent collateral consequences have disrupted lives, which have also destroyed the social and economic fabric of certain communities. Now with Democrats in control of the House, it’s time to right these wrongs and advance this conversation even further by passing cannabis reform that is centered on criminal justice reform and economic empowerment of impacted communities.”
The new legislation’s language is identical to that filed last Congress, with the exception that the community reinvestment fund covers fiscal years 2020 through 2042 instead of 2018 through 2040 as in the last version.
“The Marijuana Justice Act is the most comprehensive piece of federal legislation ever introduced to end the failed policy of marijuana prohibition and to address the egregious harms that this policy has wrought on already marginalized communities,” Justin Strekal, political director for NORML, said. “This robust legislation not only removes marijuana from the Controlled Substances Act, but it also provides a path forward for the individuals and communities that have been most disproportionately impacted by our nation’s failed war on marijuana consumers.”
Read the full text of the Marijuana Justice Act as introduced in the House below:
Marijuana Justice Act of 2019 by on Scribd
Virginia Has Sealed 64,000 Marijuana Distribution Charges Since Legalization Took Effect This Summer
“These aren’t just numbers and there are families attached.”
By Ned Oliver, Virginia Mercury
Virginia has sealed records documenting more than 64,000 misdemeanor marijuana distribution charges since the state legalized the drug in July.
The figure came out Thursday during a meeting of the legislature’s Cannabis Oversight Commission.
Officials said the records were scrubbed from the state’s criminal record database, which is used by employers like school boards, state agencies and local governments to screen employees.
The state had already sealed 333,000 records detailing charges of simple possession last year after the state reduced the offense to a civil infraction on par with a traffic offense, said Shawn G. Talmadge, the Deputy Secretary of Public Safety and Homeland Security.
Lawmakers directed the state to expand that effort when they voted to broadly legalize recreational use of marijuana earlier this year.
The legislature also agreed to a broader expungement reform that will automatically seal other misdemeanor charges, including underage possession of alcohol, use of a fake ID, petit larceny, trespassing and disorderly conduct. Talmadge said those charges will remain in the system until the state finishes updating the software it uses to track criminal records.
“As of right now, the process is proceeding,” he said.
The Virginia Joint Commission on Cannabis Oversight is meeting now. You can find the agenda and links to livestream and to provide public comment at https://t.co/f1wsPn7SV7
— Jennifer McClellan (@JennMcClellanVA) October 14, 2021
Members of the oversight commission also heard from two advocates who urged them to move fast to address people currently imprisoned for marijuana offenses—a category of people the legalization legislation passed this year did not address.
Chelsea Higgs Wise, the leader of the advocacy group Marijuana Justice, and Gracie Burger, with the Last Prisoner Project, said Department of Corrections data suggests there are currently 10 people being held solely on serious marijuana charges.
They said it remains unknown how many more are being held because of marijuana related probation violations.
“These aren’t just numbers and there are families attached,” Burger said.
DEA Proposes Dramatic Increase In Marijuana And Psychedelic Production In 2022, Calling For 6,300 Percent More MDMA Alone
The Drug Enforcement Administration (DEA) is proposing a dramatic increase in the legal production of marijuana and psychedelics like psilocybin, LSD, MDMA and DMT to be used in research next year.
In a notice scheduled to be published in the Federal Register on Monday, the agency said there’s been a “significant increase in the use of schedule I hallucinogenic controlled substances for research and clinical trial purposes,” and it wants authorized manufacturers to meet that growing demand.
DEA had already massively upped its proposed 2021 quota for cannabis and psilocybin last month, but now it’s calling for significantly larger quantities of research-grade marijuana and a broader array of psychedelics to be manufactured in 2022.
It wants to double the amount of marijuana extracts, psilocybin and psilocyn, quadruple mescaline and quintuple DMT. What especially stands out in the notice is MDMA. The agency is proposing an enormous 6,300 percent boost in the production of that drug—from just 50 grams in 2021 to 3,200 grams in the coming year—as research into its therapeutic potential continues to expand.
LSD would see a 1,150 percent increase, up to 500 grams of the potent psychedelic.
Marijuana itself would get a 60 percent boost under DEA’s proposal, up to 3.2 million grams in 2022 from the 2 million grams last year.
Here’s a visualization of the proposed quota increase from 2021 to 2022 for marijuana and cannabis extracts:
For all other THC, psilocybin, psilocyn and MDMA:
And for other psychedelic substances like LSD, mescaline and DMT:
DEA said in the Federal Register notice that it has been receiving and approving additional applications to “grow, synthesize, extract, and manufacture dosage forms containing specific schedule I hallucinogenic substances for clinical trial purposes” to achieve these ambitious quotas.
“DEA supports regulated research with schedule I controlled substances, as evidenced by increases proposed for 2022 as compared with aggregate production quotas for these substances in 2021,” the agency said, adding that it working “diligently” to process and approve marijuana manufacturers applications in particular, as there’s currently only one farm at the University of Mississippi that’s permitted to cultivate the plant for research.
“Based on the increase in research and clinical trial applications, DEA has proposed increases in 3,4- Methylenedioxyamphetamine (MDA), 3,4-Methylenedioxymethamphetamine (MDMA), 5-Methoxy-N,N-dimethyltryptamine, Dimethyltryptamine, Lysergic acid diethylamide (LSD), Marihuana, Marihuana Extract, Mescaline, Psilocybin, Psilocyn, and All Other Tetrahydrocannabinols to support manufacturing activities related to the increased level of research and clinical trials with these schedule I controlled substances.”
Here are the exact numbers for the proposed 2021 and 2022 quotas:
|All other tetrahydrocannabinol||1,000||2,000|
A 30-day public comment period will be open after the notice is formally published on Monday.
It’s difficult to overstate just how significant the proposed 2022 increases are, but it’s certainly true that scientific and public interest in marijuana and psychedelics has rapidly increased, with early clinical trials signaling that such substances show significant therapeutic potential.
National Institute on Drug Abuse (NIDA) Director Nora Volkow told Marijuana Moment in a recent interview that she was encouraged by DEA’s previous proposed increase in drug production quota. She also said that studies demonstrating the therapeutic benefits of psychedelics could be leading more people to experiment with substances like psilocybin.
Advocates and experts remain frustrated that these plants and fungi remain in the strictest federal drug category in the first place, especially considering the existing research that shows their medical value for certain conditions.
A federal appeals court in August dismissed a petition to require the DEA to reevaluate cannabis’s scheduling under the Controlled Substances Act. However, one judge did say in a concurring opinion that the agency may soon be forced to consider a policy change anyway based on a misinterpretation of the therapeutic value of marijuana.
Separately, the Washington State attorney general’s office and lawyers representing cancer patients recently urged a federal appeals panel to push for a DEA policy change to allow people in end-of-life care to access psilocybin under state and federal right-to-try laws.
Image element courtesy of Kristie Gianopulos.
Supreme Court Won’t Hear Case On Legalizing Safe Drug Consumption Sites, But Activists Are Undeterred
The U.S. Supreme Court (SCOTUS) has rejected a request to hear a case on the legality of establishing safe injection sites where people can use illicit drugs in a medically supervised environment.
The justices announced on Tuesday that they decided against taking up the case raised by the nonprofit Safehouse, despite the pleas of attorneys general from 10 states and D.C. who recently filed amici briefs urging the court’s involvement.
Representatives from 14 cities and counties, as well as the mayor of Philadelphia, which is at the center of the current case, also filed briefs in support of the case in recent days.
Safehouse was set to launch a safe consumption site in Philadelphia before being blocked by a legal challenge from the Trump administration. It filed a petition with the nation’s highest court in August to hear the case.
But while the Supreme Court declined to take action—and the Biden administration passed up its voluntary opportunity to weigh in at this stage, which may well have influenced the justices’ decision—activists say the battle will continue at a lower federal court level, where the administration will have to file briefs revealing its position on the issue.
Disappointed but not surprised U.S. Supreme Court declined to hear our case. We’re pursuing our claims in federal court. As that litigation proceeds, Biden administration will have to take a position, which it avoided by waiving its right to respond to our Supreme Court petition.
— Safehouse (@SafehousePhilly) October 13, 2021
“We were disappointed that the government chose not to respond to our petition,” Safehouse Vice President Ronda Goldfein told Filter. “They said, ‘We’re going to waive our right to respond,’ [and] the Supreme Court declined to review our case. Ordinarily that sounds like the end of the road—but in our case we are still pursuing our claims in a different venue.”
That venue will be the the federal district court in Philadelphia, where activists plan to submit multiple arguments related to religious freedom and interstate commerce protections. The Biden administration will be compelled to file a response in that court by November 5.
“If they don’t respond, they lose,” Goldfein said.
A coalition of 80 current and former prosecutors and law enforcement officials—including one who is President Joe Biden’s pick for U.S. attorney of Massachusetts—previously filed a brief urging the Supreme Court to take up Safehouse’s safe injection case.
Fair and Justice Prosecution, the group that coordinated the amicus brief, also organized a tour of Portugal for 20 top prosecutors in 2019 so they could learn about the successful implementation of the country’s drug decriminalization law.
If the Supreme Court were to have taken the case and rule in favor of Safehouse, it could have emboldened advocates and lawmakers across the country to pursue the harm reduction policy.
The governor of Rhode Island signed a bill in July to establish a safe consumption site pilot program where people could test and use currently illicit drugs in a medically supervised environment. It became the first state in the country to legalize the harm reduction centers. It’s not clear whether the Department of Justice will seek to intervene to prevent the opening of such facilities in that state.
Massachusetts lawmakers advanced similar legislation last year, but it was not ultimately enacted.
A similar harm reduction bill in California, sponsored by Sen. Scott Wiener (D), was approved in the state Senate in April, but further action has been delayed until 2022.